“Reasonable Limits” as can be “Demonstrably Justified” are the extensions of the words that Danielle Smith coined on stage and this isn’t specific to Alberta and Albertan’s, it’s for All Canadians.
It’s from the Oakes Test:
The Oakes test was created by the Supreme Court of Canada in the 1986 case of R v Oakes.[1] The test interprets section 1 of the Charter of Rights and Freedoms, which states that rights are guaranteed, “subject only to such reasonable limits . . . as can be demonstrably justified in a free and democratic society.”[2] This means that the government must establish that the benefits of a law outweigh its negative impact—that is, its violation of a Charter right.
Where:
The Test
The Court in R v Oakes created a two-step balancing test to determine whether a government can justify a law which limits a Charter right.
1. The government must establish that the law under review has a goal that is both “pressing and substantial.” The law must be both important and necessary. Governments are usually successful in this first step.
2. The court then conducts a proportionality analysis using three sub-tests.
a. The government must first establish that the provision of the law which limits a Charter right is rationally connected to the law’s purpose. If it is arbitrary or serves no logical purpose, then it will not meet this standard.
b. Secondly, a provision must minimally impair the violated Charter right. A provision that limits a Charter right will be constitutional only if it impairs the Charter right as little as possible or is “within a range of reasonably supportable alternatives.”[4]
c. Finally, the court examines the law’s proportionate effects. Even if the government can satisfy the above steps, the effect of the provision on Charter rights may be too high a price to pay for the advantage the provision would provide in advancing the law’s purpose.
I’d first learned about the Oakes Test back in February when watching the case against the Province of Alberta:
Where David Redman, who was involved in the Emergency Planning that was the foundation of Alberta’s Pandemic Response - from 2014, brought up a few very critical points that were never considered by the Province of Alberta, Alberta Health Services - nor all of Canada and by PHAC, in the COVID Emergency Response Protocols.
The big takeaway from David is that any Emergency Response has a lot of factors to take in consideration but the largest would be a Cost:Benefit analysis. In this, he said that IF the Charter of Rights and Freedoms were to be considered for removal, there should be a plan in place to list what these look like, in advance, this information should be freely share and that they should assess them on not only their ability to save lives but also to not collapse the economy and shatter lives of the people in the community. Off of this, he said that all Emergency Plans should need to pass the Oakes Test.
From this, myself and a few subscribers took to emailing this update to our elected officials and this was even shared within my network on LinkedIn…and after 8k views and 128 reactions was removed for somehow breaching Professional Community Policies:
The full letter, that I wrote and encouraged others to send to their elected officials can be found here:
As the letter states, I personally sent this off to:
MP - Len Webber
MLA - Prasad Panda
Premier - Jason Kenney
Leader of the Conservative Party - Candice Bergen
And a lot of others included me in their email chains to their MPs, Senators, MLAs…
Amazingly, there was little by way of reply or response…and the ones that did reply, replied with their “trust the science”, copy and pasted bullshit.
Welp… this month was a pretty substantial month for revealing that the Vaccine Mandates were politically motivated - never about health:
And that Masking and Mask Mandates were actually harmful and also made as policy decisions instead of being actual decisions about Health:
And it’s only now…if others watched the UCP leadership debate…would be made aware of ‘The Oakes Test’, or even the terms, “Reasonable Limits” as can be “Demonstrably Justified”.
So…guess what I’m going to be doing?
That’s right…
A follow up letter.
Don’t worry…I will not only be penning another email to the above mentioned, but I will also be sharing it in a Copy and Paste format, via substack, that you will be able to forward as well.
These emails should not only be forwarded to your elected officials, they should be shared with your community by way of CC’ing, BCC’ing, or directly forwarded to people in your community and shared in your social media feeds.
As we begin into fall, and with Canada already securing another 12 million vaccines, if we aren’t vocal with our elected officials and members of our community, we will be undoubtedly be thrust into a reintroduction of these harmful COVID policies that have been the true Pandemic of All Canadians, just like we’ve already seen by Western University out of London, Ontario:
The letters aren’t to inform people that should already be informed of the political nature of mandates, vaccinations and passports - our elected officials…they are meant to let them know that YOU are aware. They should also serve as an introduction to others who may have legacy media as their soul source of information…because this current information isn’t being shared with them.
I’d again like to thank all of you who have been on this journey with me from the beginning, welcome all others who have joined along the way and would like to unite one more time.
While I sift through the data and information relevant to Canadians and work on this next email blast, you can familiarize yourself with your MPs →Link
Let’s make this EPIC!
Danielle Smith Quotes 'Oakes Test'.